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SR-410-010 (2) ~/tJ-~/O \ (.A MAR 8 1988 Santa Monica, California GS:SES:CP:sm Council meeting: March 8, 1988 TO: City Council FROM: City staff SUBJECT: Recommendation Regarding the Water conservation Agreement Related to the Water Garden Development Introduction At its meeting on February 9, 1988, the City council adopted Ordinance No. 1433 (CCS) which approved a development agreement between the city of Santa Monica and J.H. Snyder company relating to the development of the Water Garden Proj ect. In adopting this ordinance, the City council directed the City Manager to return to the city council within 30 days of February 9, 1988 with a proposed agreement detailing the manner in which the Developer would be required to comply with the water and wastewater conservation provisions of the Development Agreement. This staff report transmits the compliance agreement between the city and J.H. Snyder company related to these water and wastewater conservation provisions. Background During the past few weeks, City staff has carefully reviewed the obligations for water and wastewater conservation contained in the Water Garden Development Agreement. This review has included detailed calculations of water usage and wastewater generation from the various components of the Project as well as additional research into on-site treatment systems and other state-of-the - 1 - II-A w.R 8 198& art water conservation and wastewater mitigation technologies. City staff has also participated in several meetings with the County Health Department, the Developer and his representatives, and others to arrive at a consensus on the specific measures described in the attached compliance agreement. Based on the analysis of projected water usage and wastewater generation for the project, Staff and the Developer have identified the optimum set of conservation provisions for the project. Discussion The compliance agreement presented here for City Council approval includes the following design features to reduce water and sewage discharge. o All toilets and urinals installed in the proj ect shall be "ultra-low-flow" models, which use a maximum of 1.5 gallons per flush and 1.0 gallons per flush respectively. o All of the wastewater generated by the proj ect (with the exception of solid food waste from restaurants) shall be treated in an on-site treatment system which shall have the capacity of treating wastewater to a standard appropriate for use in toilets and urinals, in irrigation of landscaping, and in the artificial, decorative lake. o If the use of reclaimed water for flushing of toilets and urinals is not approved by the Department of Health of the County of Los Angeles, the reclaimed water shall be used for the following uses in the following order of priority: (a) - 2 - replenishment of the artificial lake, and (b) irrigation of landscaping. o Unless non-potable water is unavailable or prohibited from being used, all water utilized for the filling and replenishment of the artificial lake shall come from non-potable sources. o On-site drainage from 80% of the property not covered by roofs shall be engineered to discharge into the artificial lake. o To the extent feasible, landscaping shall consist of drought-resistant plants. o The Developer shall employ a qualified sanitary engineer to prepare and file an engineering report on both the technical requirements of the sewage treatment system and the discharge systems, at least 60 days prior to the submission by the Developer of building plans for a building permit. Exhibit A compares the overall impact of the water and wastewater conservation measures described in the compliance agreement against the base-line amounts of water usage and wastewater generation which would have been the case in the absence of the adoption of this agreement by the City. The installation of ultra-low-flow toilets and urinals along with the utilization of a water conserving landscape design (scenario 1) will in themselves account for a 42% reduction in water usage and a 43% - 3 - reduction in wastewater generation. with the added installation of an on-site wastewater treatment system and use of the treated effluent for recirculation to toilets and urinals, replenishment of the artificial lake and landscape irrigation (scenario 2a), the water usage savings would be approximately 75% and the wastewater reduction would be about 84%. If the ultra-low-flow toilets and urinals are combined with an on-site treatment system which will provide treated effluent only for use in landscape irrigation and replenishment of the artificial lake (scenario 2b), the water usage savings are projected at 54% and the wastewater reduction is projected at 58%. The data presented in Exhibit A demonstrates that the greatest reduction in both water usage and wastewater generation can be achieved through the implementation of scenario 2a (ultra-law-flow toilets and urinals in combination with an on-site treatment system which recirculates treated effluent to toilets and urinals). The installation of a system to recirculate treated effluent to meet the flushwater demand of toilets and urinals in the project, however, will require approval by the Los Angeles County Department of Health. Recent meetings between City sta ff and representa ti ves of the County have resulted in the County I s agreement to review the on-site treatment facility issue and consider the approval of such on-site systems. The city is cooperating with the County in this evaluation effort, and will be receiving a letter from the County Health Department indicating their willingness to consider approval of on-site treatment systems. - 4 - Conclusion The compliance agreement between the city of Santa Monica and the J.H. Snyder Company represents the most stringent set of water/wastewater conservation measures ever required by this City or any other city in California. staff believes that the proposed agreement effectively addresses the concerns which have been raised about the Water Garden Project with respect to reducing water usage and mitigating wastewater generation. Recommendations l. It is respectfully recommended that the City Council approve the accompanying compliance agreement. 2. If the City Council does not approve the attached compliance agreement, City staff recommends that Council direct the City Attorney to prepare an ordinance repealing the ordinance approving the development agreement between the City of Santa Monica and the J.H. Snyder Company. Prepared by: Stan Scholl, Director of General Services Craig Perkins, Administrative services Manager Marianne Long, Water Conservation Coordinator Atossa Soltani, Administrative Analyst Attachments: Exhibit A Sewage and Water Conservation Compliance Agreement srwater - 5 - EXH I B IT A ESTIMATES OF WATER USAGES FOR WATER GARDEN DEVELOPMENT 1. TOTAL WATER USAGE & WASTEWATER GENERATION W1TH EACH SCENARIO: (AMOUNTS LISTED REPRESENT GALLONS PER DAY) BASE-LINE WITHOUT 1) WITH ULTRA LOW 2a) WITH ULF & ON-SITE 2b) WITH ULF & RECLAM. CONSERVATION FLOW FIXTURES FLUSH WATER REeye. FOR IRRIGATION OFFICE 85,500 a RETAIL 1,680 RESTAUR. 22,500 b CHILD CRE 425 HEALTH 5,000 LAKE 6,971 c IRRIG 19,538 d 35,568 e 1,680 22,500 425 5,000 6,971 10,220 f 5,700 9 35,568 1,680 1,680 22,500 22,500 425 425 5,000 5,000 0 0 0 0 ------ ------ 35,305 65,173 75% 54% 18,114 ; 47,982 j 84~~ 5~~ WATER USAGE TOTALS 141,614 % SAVNGS N/A WASTEWATER TOTALS 115,105 % SAVNGS N/A 82,364 42% 65,173 h 43% a) ThlS f'gure represents an estImate uSIng current plumbIng code requlrement of 3.5 gallons per flus~ tOIlets, 4 uses per day per employee plus one gallon per employee for other uses (TO-AL 14 GALlONS/DAY/EMP~OYEE) b) Based on 30,000 sq ft. of restaurant space Q 0.75 gallons/sq. ft./day. c) Assumes the followlng about ~ake Slze"1.8 acres, Avg Depth=15 In~hes, Volune=762.000 gallons, Evaporatlon=4,884 gallons/day PLUS one complete dralnage per year for cleanIng WhlCh equals to an a~erage dally Bmount of 2.087 gallons d) Assumes a conventional landscape deSIgn whIch does not consider water conservation. e) Based on the follOWIng- SIze" 1.2 MILLION square feet. Employees $ 5,700 SOX Males ....-) who use urInals 76X of tlme MA~E.UP OF -.-..> who ~se tOllets 24~ of tlme 50X Females ...> who use tOIlets 100% of tIme USA~E PER DAY FOR: 1) FEMALES" 2850 2850 * 1.5 gallons/flush * 4 uses/day: 17,100 gallons/day 2) KALES = 2850 2850 * ( 76) * 1 gal/flush * 4 uses/day" 8,664 gal/day urInals 2850 * (.24) * 1.5 gal/flush * 4 uses/day = 4,104 gal/day tOllets 3) Other uses ( wash baSIns, drln~lng founta,ns. etc.) 5700 * 1 gal/day/person = 5,700 gal/day 4) TOTAL USE FOR 5,700 PEOPLE: 35.568 gal/day o Flush water demand ....> 29,868 gal/day o Other water uses ....> 5,700 gal/day f) Ass~s a landscape deslgn whIch utILizes water conservlng gUIdelInes. g) The 5,700 gallons/day needed for non-tollet useS must be potable water. h) 100% of the generated sludge 1S still sent to IIyperlot1 whlle effluent voll,lTle IS reduced by more than 40%. ,) The wastewater total for scenarIo 2a represents the amount of excess effluent of treated wastewater, at least half of WhIch could be ~sed for more water 1ntenSlve La~scaplne or other uses. The remaInIng wastewater for whICh no other use eXIsts, would be dIscharged Into the sewer lines. LIttle or no sludge wlll be dIscharged In tne se...er lInes Instead, the sludge IS hauled away from storage tanks to an approved landfl II s'te at least once a year. J) The wastewater total for ScenarlO 2b ca~~c~ be reused 1n eIther landscaplng red;.;ced tc approx Ima~el y 38,000 gallons 'ntenslve ~andscap'n9 were utll,zed represents the amount of excess effluent w~lch or laKe replenlshment ThlS fIgure could be per day (savl ngs of 66%) 1 f a more wate" SEWAGE AND WATER CONSERVATION COMPLIANCE AGREEMENT This Agreement is made and entered into this day of March, 1988, by and between J. H. SNYDER COMPANY II, a Californ~a limited partnersh~p ("Developer") and the CITY OF SANTA MONICA, a mun~cipal corporation ("City") WJ..th reference to the following facts: WHEREAS, on February 9, 1988, the City adopted Ordinance No. 1433(CCS) which authorized and directed the City to enter l.nto a Development Agreement between Developer and City (the .. Development Agreement") denominated as City Contract No. 5061 relat~ng to the development of a project ~n the City located on the property bounded by Olympic Boulevard, Twenty-S~xth Street, Colorado Avenue and Cloverfield Boulevard, and commonly known as the Water Garden ProJect (the "ProJect"); and WHEREAS, in adopting Ordinance No. 1433(CCS) the Cl.ty Council of the City directed the City Manager to return to the City Council wl.thin 30 days of February 9, 1988, with a proposed agreement detailing the manner in which the Developer would be required to comply Wl. th the water and sewer conservat~on provisions of the Development Agreement J..n order to meet the goals for water and sewer conservation set forth 1.n the Development Agreement; and WHEREAS, the City and the Developer have met and intend by this Agreement to set forth the manner ~n which the Developer will comply with the water and sewer conservat~on prov~s1.ons of the Development Agreement; NOW, THEREFORE, the partl.es agree as follows: 1. This Agreement shall constl. tute the manner l.n whl.ch the Developer shall comply with the water and sewer conservation provl.sions of the Development Agreement. 2. This Agreement is not intended to modl.fy, repeal, or otherwise change the Development Agreement provisions thereof. amend, or any 3. The Developer shall construct the l.ncorporatl.ng each of the following design features purpose of reducing water use and sewage dl.scharge: ProJect for the (a) All toilets and urinals installed in the Project shall be of a desl.gn approved for use as an ultra low flow tOl.let or urinal whl.ch shall consume not more than 1.5 gallons per flush for toilets and 1.0 gallons per flush for 1 urinals, except in those circumstances where such fixtures cannot meet the requirements of the appl1.cable code for access1.b1.lity to handicapped persons. (b) All of the plumbing waste from both toilets and urinals (black water) and from all other plumb1.ng f1.xtures (grey water) (with the exception of sol1.d food waste from restaurants) shall be treated in an onsite treatment system which shall have the capacity of treating plumbing waste to a standard appropriate for the use of reclaimed water in toilets and urinals and for use in irrigation of landscaping and in the artifical, decorative lake. (c) The reclaimed water d1.scharged from the treatment system required by Section 3(b) above shall, if approved by the Department of Health of the County of Los Angeles, be used for the flushing of toilets and ur1.nals 1.n the Project (other than in restaurants and child care fac1.11.ties). To the extent that there is any excess reclaimed water, such reclaimed water shall be used for the following uses 1.n the following order or pr1.or1.ty: (1) replacement of evaporat1.on of water from the artificial, decorat1.ve lake, and (2) irrigation of landscap1.ng. (d) If the use of recla1.med water for flushing of t01.lets and urinals is not approved by the Department of Health of the County of Los Angeles as prov1.ded in Section 5(a) or 5(b), below, then the recla1.med water shall be used for the following uses in the fallowing order of pr1.or1.ty: (1) replacement of evaporat1.on of water from the artificial, decorative lake, and (2) irrigation of landscaping. (e) Unless non-potable water 1.S unavailable or prohibi ted from be1.ng used, all water ut1.1ized for the fiIl1.ng and replenishment of the artificial lake shall come from non-potable sources. Lake water demand not met by the on-s1.te treatment system shall be met by flow from storm drains or another source acceptable to the Department of General Services. (f) On-site drainage from 80% of the Property not covered by roofs shall be engineered to d1.scharge into the art1.cifial, decorative lake wh1.ch shall be designed to act as an on-site detention basin which will enable to ProJect to retain any additional peak flow to area storm drains. (g) To the extent feasible, landscaping shall consist of drought-resistant plants and the landscaping plans shall be sub] ect to the approval of the Department of General SerVles as to the water conservat1.on features of such landscap1.ng. 2 4. The Developer shall employ a qualified San~tary eng~neer to prepare and file an engineering report on both the the technical requirements of the sewage treatment system described in Section 3( b), above, and the discharge systems described J..n SectJ..ons 3 (c) and 3( d), above, at least 60 days prior to the submission by the Developer of building plans for a building permit. Such report shall analyze the technical requirements of such systems and the standards for their design, coliform levels, contingency and emergency plans and flood prevention plans. The system design set forth in such report shall meet California Water ReclamatJ..on Criteria as well as guidelines set forth in Title 22 of the California Administrative Code. The engineer shall prepare such report in accordance with the state of California Department of Health Services "Guideline for the Preparation of an Engineering Report on the Production, Distribution and Use of Reclaimed Water" and shall consider the State of California Department of Health Services "GuidelJ..nes for Use of ReclaJ..med Water" and "Uniform GuidelJ..nes for Wastewater Disinfection" . 5. (a) The Developer shall be required to install reclaimed water return lines within Phase I of the Project which will allow for the reuse specified in SectJ..on 3(c), above, if, WJ.. thJ..n 90 days after the filing of the engJ..neerJ..ng report required by Section 4 above, the County of Los Angeles has approved the use of reclaimed water for use in toilets and urJ..nals. If the County of Los Angeles has not approved such use, the Developer shall l.nstall the treatment system and reclaimed water lines for lake and landscaping as required by Section 3(d), above. (b) The Developer shall be requl.red to install reclaimed water return lines withJ..n Phase II of the ProJect which will allow for the reuse specified in Sectl.on 3(c), above, if, prior to fl.ling of buildl.ng plans for Phase II for plan check with the City, the County of Los Angeles has approved the use of reclaimed water for use in tOJ..lets and urinals. If the County of Los Angeles has not approved such use, the Developer shall install the treatment system and reclaJ..med water ll.nes for lake and landscapl.ng as required by Section 3(d), above. 6. No occupancy permJ..t for any building in any Phase of the proj ect will be approved until the system required by Section 3 (b), above, is fully operational and plumbing systems are J..n place for the uses of treated water described ~n Sections 3(c) and 3(d), above, as applicable. 7. Any definitions used J..n this Agreement which are not defined herein shall be defined as set forth in the Development Agreement. 3 . 8. This Agreement constitutes the entire agreement between the Developer and the City as to compliance with the water and sewage conservat1on for the Project and supersedes any pr10r oral or wr1tten understanding other than as set forth 1n the Development Agreement. 9. This Agreement shall be construed in accordance with the laws of the state of California. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above wr1tten. J. H. SNYDER COMPANY II, a California limited partnership CITY OF SANTA MONICA, a munic1pal corporat1on By By JOHN JALILI, City Manager JEROME H. SNYDER, General Partner APPROVED AS TO FORM: Robert M. Myers, City Attorney 4